Workers Compensation Act 1987

A person to whom compensation is payable under this Act is not entitled to commence court proceedings for damages in respect of the injury concerned against the employer liable to pay that compensation until 6 months have elapsed since notice of the injury was given to the employer.

Despite subsection (1), the person is entitled to commence court proceedings against the employer if either of the following occurs—

the employer wholly denies liability in respect of the injury,

the employer admits partial liability in respect of the injury but the person is dissatisfied with the extent to which liability is admitted.

This section does not limit or otherwise affect the operation of Part 6 of Chapter 7 of the 1998 Act.

Note.

Part 6 of Chapter 7 of the 1998 Act imposes restrictions on the commencement of court proceedings for damages.